Possession Adviser

See the Letting Centre Possession and Rent Arrears Pack This provides full guidance on possession procedures.

Introduction

Tenants have important rights which prevent them being evicted or unlawfully harassed by a landlord. For most types of tenancy, the landlord will need to obtain a court order before he can evict his tenants. Landlords should check that they understand the correct procedures before starting any possession action (see Factsheet 38 below).

Letting Factsheet 20: Possession Actions

Which tenancy?

Before you start your possession action, it is vital that you know what type of tenancy your tenants have. It will usually be stated at the top of the tenancy agreement document, and in the majority of cases, it will be a standard assured shorthold. Best to check just in case.

Letting Factsheet 18: Residential Tenancies

Which possession route?

Before starting your possession action, you need to decide which route is most appropriate, and issue the appropriate notice on your tenant. For assured shorthold tenancies, there are two main routes which you can follow:

Letting Factsheet 21: The Section 21 route

Letting Factsheet 8: The Section 8 route

Which possession procedure?

Once you know which route to follow, you can decide which is the most appropriate court procedure.
For example, the accelerated possession procedure (APP) is quicker but only applies in certain situations.

Letting Factsheet 20: Possession Actions

If the tenant does not leave after serving the notice, then you will need to start court proceedings.
This can take several weeks, and requires payment of a court fee (currently £120). It is vital that you get it right otherwise you'll be sent back to the beginning by the court!

See the Letting Centre Possession and Rent Arrears Pack This provides full guidance on possession procedures.